| Abstract [eng] |
The extended confiscation of property in the present work is introduced as the new method of confiscation of property in the modern society because the confiscation of property traditionally applied in both the national and international law is no longer sufficient in the fight against the rapidly developing organized crime. Although the extended confiscation of property has been laid down in Article 723 of the Criminal Code of the Republic of Lithuania since 2 December 2010, it has never yet been applied in practice. Such stagnation of the norm has provoked extensive discussions not only among various law enforcement authorities, but also in the publications of legal scholars. When considering the ways in which the norm should be applied so as to be as effective as possible and to fulfil its initial purpose, discussions are frequently focused around a possibility of decriminalization of the norm in future so that its contents comply with the Constitution of the Republic of Lithuania and the principles laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such debates, which prevail not only in Lithuania, but in the international arena as well, show that this issue is fundamentally important and necessary. The problematic aspects of the issue are discussed in the structural parts of the Master’s Thesis, wherein attempts are made to disclose all possibilities for the application of the norm and the problems encountered during its application in practice alongside other norms. |
